"I just want all the parties involved to be accountable for what they've done," Hardin said.

Couple saved sperm

According to the lawsuit, Hardin and LeBlanc in 2002 decided to store eight vials of sperm at the West Houston Fertility Clinic, now Texas Andrology Services. They already had a son together, who is now 12, and at the time Hardin was about to get a vasectomy. To ensure they would still be able to have children, they saved his sperm, Hardin said.

The lawsuit claims the contract gave instructions that in the event of separation, the sperm would be given to LeBlanc to use at her discretion or discarded in the event they both died or could not longer pay the storage fees. Any changes to the contract would need to be agreed upon by both parties, the lawsuit states.

The couple broke up in 2006 and Hardin started dating Devall. The two dated on and off for about five years, he said. In March 2008, they went to the fertility clinic to discuss pregnancy options for Devall. She was aware he already had sperm stored at the facility, he said.

A broken contract?

Devall and Hardin began dating other people and broke up in 2009.

On Nov. 19 of that year, Devall told Hardin that she had been inseminated with his sperm and was pregnant, he said.

The lawsuit claims the fertility clinic broke its contract.

She had their son in July 2010. The lawsuit states that she refuses to allow Hardin to have contact with the boy, now 2.

Hardin's lawyer, Cade Bernsen, said legally, Devall could ask for child support and the boy could be eligible for part of Hardin's inheritance. The lawsuit asks for damages and Bernsen said this case may break new ground.

"We are taking this question to a jury, what is a human life worth?" Bernsen said. "What a controversial way to come into being. The little child is an innocent victim. It's like a soap opera, but it's real."